The problem was the same as in Mead Johnson v. Abbott: doctors generally recommend Glucosamine and Chondroitin, without specifying a brand; only 10% of surveyed doctors recommended Osteo Bi-Flex, though that was the top brand.

In the U.S. Lake Mead is ½ empty, the mid west aquifers are well depleted, deserts are spreading in Africa and China, Monsoons are failing around India, and as Himalayan glaciers melt for good the rivers feeding India and Pakistan will shrink.

Lanham Act false advertising doctrine forces us to confront this with respect to evidence of actual consumer deception: sometimes no such evidence is needed, if a claim is deemed literally false; sometimes such evidence is absolutely required, if a claim is deemed potentially misleading; and sometimes such evidence is completely rejected, if a claim is deemed puffery or otherwise transcendentally true (as in Mead Johnson).